There’s a heart-warming, true story that’s been in the media lately. Major newspapers and online bloggers have profiled the promotion of P.J. Himmelfarb to “flex-time partner” at the Washington office of her law firm. What makes this story special is not only the circumstances surrounding her firm’s largess, which is Himmelfarb’s need to help care for her autistic child, but the attitude shifts and law which make this type of accommodation possible.
Though Himmelfarb’s situation is an example of family-friendly company policies at their best, many employers have found it difficult to strike a true balance between work and family for employees. Yet, where businesses are unable, or unwilling, to yield more flexibility in family medical situations, the law may dictate that flexibility. Since its enactment in 1993, the Family Medical Leave Act (FMLA) has provided entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons:
- birth and care of the employee's child, or placement for adoption or foster care of a child with the employee
- care of an immediate family member (spouse, child, parent) who has a serious health condition
- care of the employee's own serious health condition
To be eligible for FMLA benefits, an employee must:
- work for a covered employer;
- have worked for the employer for a total of 12 months;
- have worked at least 1,250 hours over the previous 12 months and
- work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.
The FMLA applies to all public agencies, including State, local and Federal employers, local education agencies (schools), and private sector employers who employ 50 or more employees for at least 20 workweeks.
The purpose of FMLA is to, “balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity.”
According to a Department of Labor study, FMLA has posed an administrative burden (e.g., recordkeeping, coordination with other laws) for employers. The study also found, that since its enactment, there has been a steady and dramatic increase in FMLA absences, often for brief periods of time and for non-serious conditions. While the FMLA continues to adapt to the needs of employers and employee
s, businesses continue to acknowledge the benefits of general, family-friendly policies. Despite the challenges faced by small businesses complying with FMLA, there are advantages small businesses have in applying family-friendly policies. In a small business there’s room for flexibility. That room is available, of course, due to closer working relationships and smaller staffs. A small business owner has more opportunities to know employees’ individual circumstances and needs.
Through its co-employment relationships, Administaff, a Houston-based professional employer organization (PEO), assists its client companies, who are automatically covered under FMLA, in administering the program. Assistance is also available to help clients manage such leaves either alone, or in conjunction with other client leave policies.
In helping companies meet the FMLA guidelines, Administaff’s ancillary benefits group uses a 12-month look-back, as opposed to a calendar year, in determining whether an employee has FMLA time available. FMLA time used in the 12 months immediately prior to the leave start date is subtracted from the 12 weeks available for the current leave. The employee must also provide a physician’s certification of a serious health condition.
With an increasing number of employees facing growing family demands, including inter-generational, i.e., children, parents and self, family-friendly policies are looking more like the way of the future.